Opinion
Gen. No. 41,777. (Abstract of Decision.)
Opinion filed June 9, 1941 Rehearing denied June 23, 1941
PARTITION, § 108 — accounting between parties. In partition proceeding between husband and wife, where decree found parties were owners of the premises in equal parts, in joint tenancy, defendant wife's interest was properly found subject to a lien for one-half the amount of a mortgage on the property, even if husband had paid the mortgage, for one-half the amount of expenditures made by plaintiff which enhanced the value of the premises, and for attorney's fees and costs paid out by plaintiff in a mechanic's lien suit.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from Circuit Court of Cook county; Hon. GEORGE F. RUSH, presiding.
Affirmed. Heard in first division, first district, this court at April term, 1941.
Elmer N. Holmgren, for appellant;
Julian C. Ryer, of counsel;
Maximilian J. St. George, for appellee.
"Not to be published in full." Opinion filed June 9, 1941; rehearing denied June 23, 1941.